The
chirograph
supposedly had its origins in Anglo-Saxon England, where the practice
of using notaries
to ratify legal documents was not continued generally after the Roman
era. The chirograph was a legal agreement between two parties. The text
of the document was copied out twice on the same sheet of parchment.
Between the two versions was written in large letters the word CIROGRAPHUM,
or some other word, and the sheet was cut in half through this word, often
with a wavy cut. The logic of all this was that the agreement could be
proven or ratified by the process of fitting together the two sheets,
one of which was taken by each party to the agreement.

A
mid 12th century chirograph in which a priest, Alured, surrenders the tithes
of Littleton so they may be granted to the monks of Cerisy, who in turn grant
them to Gislebert for life for the payment of half a mark yearly (Queen's
College, Oxford, Charters of Monk Sherborne).(From
Salter 1929)

The
above example deals briefly, and without excessive ceremonious language,
with what appears to have been the major preoccupation of the 12th century;
agreement to land title. There is a relic of a tag on the upper left corner
of the document, where presumably the seal
was attached.

As
both halves of the document were retained by the interested parties, and there
was usually no central record of the transaction, it is rare to locate both
halves of the same chirograph. Like so many single sheet documents, they just
fluttered away into the lost debris of history.

The
first few lines of a chirograph of 1160-1170 in which Gilbert de Monte makes
a grant of land to the hospital of Brackley (Magdalen College, Oxford). (From
Salter 1929)

The
sample above is from a much more lengthy and formal document. Its intention
is the same as a private
charter. The notification SCIANT OMNES,
the language in which it is phrased, the extensive witness list and the
seal attached to the bottom of the document all recall the structure and
appearance of a charter.
The word CIROGRAPHUM cut in two at the top
indicates that it is a chirograph. It is, in fact, a charter in the form
of a chirograph. The two are not mutually exclusive.

A
range of matters could be dealt with by chirograph. In fact, any kind of legal
agreement between individuals or bodies could be set out in this form. They
could be happy and mutually satisfactory agreements made willingly by both
participants, or they could be drawn up as a result of action in the courts.
Whatever the matters dealt with, or the form of words in which they were expressed,
the chirograph was ratified by seal and by a list of witnesses who could testify
to its validity. The other test of validity was the ability to match both
halves of the document. There were no autograph signatures, and as with other
legal letters and documents, verification was by a combination of oral testimony
and visual symbols.

Chirograph
or indenture of 1439 recording an agreement between John Kereforth of Barnesley
and John Cothewath of Estfeld, from a private collection.

It
became usual to separate the two halves of a chirograph by a wavy or indented
cut, hence the term indenture
became common for this type of document. The terms chirograph and indenture
are essentially synonymous.

The
indenture survived as a legal form beyond the medieval period for legal agreements
between consenting parties. Like charters, medieval indentures or chirographs
were generally written in Latin, the language of formal legal documents. Later
they developed their own English form.

A
lease agreement of 1546 in the form of an indenture. The document is complete
with wavy edge and two seals on tags. Below, the first line begins with
This Indenture and is dated the 38th year
of the reign of Henry VIII (Nottinghamshire Archives, DDFJ 7/80/11). By
permission of Nottinghamshire Archives.

The
above document records an agreement between a chantry priest, William
Marshe and William and Joan Hall of Tickhill for a house with orchard
and some meadow land for 15s 10d per year, with a parlour and chamber
reserved for the owner in the house. Was our chantry priest an observant
chap who had seen the writing on the wall and who was attempting to make
a modest provision for an uncertain future? The little stories embedded
in the big picture are what make history interesting.

If you
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medieval writing to be found by going to the home
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(no frames).This site
is created and maintained by Dr Dianne Tillotson,
freelance researcher and compulsive multimedia and web author. Comments are
welcome. Material on this web site is copyright, but some parts more so than
others. Please check here for copyright status
and usage before you start making free with it. This page last modified 22/3/2005.